INDIRA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, is the wife of the detenu by name Sathiyanathan S/o Wellington, who is detained as a "slum Grabber" as contemplated under Tamil Nadu Act 14 of 1982, by the second respondent by the impugned detention order dated 28. 5. 2008, challenges the same in this Petition.

(2.) HEARD the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents.

(3.) THE main contention of the learned counsel for the petitioner is that in para 4 of the grounds of detention, it is stated that the detenu has moved a bail application before the Judicial Magistrate-II Court, Poonamallee in Crl. M. P. Nos. 3392, 3398, 3394 and 3395 of 2008 respectively in respect of Cr. Nos. 196/2008, 197/2008, 200/2008 and 201/2008 and the same were pending. Another bail application also moved before the Principal District and Sessions Judge, Thiruvallur in Crl. M. P. Nos. 1501 and 1502 of 2008 in respect of Cr. Nos. 198/2008 and 202/2008 and the same were pending. Therefore, there is every likelihood of his coming out on bail for the above case since in similar cases bails are granted by the same Court, or Higher Courts after a lapse of time. Further, the details of the complaints were not furnished in the adverse cases. This would show that there is non-application of mind on the part of the detaining authority and there is also pre determination on the part of the sponsoring authority. Therefore, the impugned order of detention is liable to be set aside.